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JERSEY CITY
                                   DEPARTMENT OF HOUSING, ECONOMIC DEVELOPMENT & COMMERCE
                                                                    DIVISION OF CITY PLANNING
                                                                       DIVISION OF COMMERCE
                                                                                                    STEVEN M. FULOP, MAYOR
                                                                        ANNISIA CIALONE, PP, AICP, LEED AP, H.E.D.C. DIRECTOR
                                                                          TANYA MARIONE, PP, AICP, CITY PLANNING DIRECTOR
                                                                                 MAYNARD WOODSON, COMMERCE DIRECTOR

CANNABIS BUSINESSES AND CONSUMPTION AREAS
FAQ, INSTRUCTIONS, AND STANDARDS (5/25/2022)
Thank you for expressing interest in seeking to open a cannabis establishment or distributor in Jersey City. In this
document, City staff seeks to provide you with information on how to seek and obtain local approvals while we
all learn and respond to the legal framework under development at the State-level by the Cannabis Review
Commission.

First, are a list of frequently asked questions and answers with information and links about our local process.
Following the FAQ are the standards and fees regarding Cannabis Businesses and Consumption Areas that were
adopted by the City in August 2021 and January 2022.

In the event that there are any inconsistencies between provisions of the State and local procedures detailed
herein, please inform us. This industry in New Jersey is new and we are all learning as we proceed. That said, this
document and our local procedures may change as necessary.

FAQ - FREQUENTLY ASKED QUESTIONS
List of questions:

    1.    How to obtain local approval?
    2.    When to file an application?
    3.    What are the standards for cannabis establishments and distributers?
    4.    Where are cannabis retailers (Class 5) permitted?
    5.    Where are cannabis establishments and distributers, aka Class 1 to 4, licenses permitted?
    6.    How to file an application to the Division of City Planning?
    7.    How to file an application to the Cannabis Control Board?
    8.    What items are required for submission to the Division of City Planning?
    9.    What items are required for submission to the Cannabis Control Board?
    10.   How long will local approval take?
    11.   Where are Cannabis Consumption Areas permitted?
    12.   How to file an application for a Cannabis Consumption Area?
    13.   Where can I find more information about State regulations?
    14.   How many licenses are permitted in Jersey City?
    15.   What benefit is there to being a microbusiness?
    16.   What is the local process for a Class 6 license?
    17.   How to request locations of cannabis retailers?
    18.   What are the fees associated with the local applications?
    19.   Who to contact for more information?
JERSEY CITY
                                                                CANNABIS FAQ, INSTRUCTIONS, AND STANDARDS

1. How to obtain local approval?

Local approval will require two applications and a local support resolution by the Governing Body. First, an
application to the Cannabis Control Board (“CCB”) is required. The CCB is administered by Division of Commerce.
Upon approval or a favorable recommendation, the CCB will initiate a resolution of support to be sent to the
Municipal Council. After gaining local support, an application the Division of City Planning is required for
Licenses 1 to 5. An entity seeking a Class 6 license does not have to make an application to the Division of City
Planning but it must submit an application to the Cannabis Control Board and seek a Zoning Determination letter
from the Division of Zoning.

2. When to file an application?

The Cannabis Control Board is now accepting applications (“CCB App”) for Class 1 to 6 Licenses.

Division of City Planning is currently accepting applications (“GDA”) for conditional use applications related to
cannabis establishments and distributors. Any application made to City Planning without approval by CCB and a
Local Support Resolution will be deemed incomplete starting immediately.

3. What are the standards for cannabis establishments and distributers?

The City of Jersey City adopted standards and regulations regarding Cannabis Establishments and Distributors in
August 2021 under ordinance 21-053 and in January 2022 under ordinance 22-003. Those standards can be
viewed here.

4. Where are cannabis retailers (Class 5) permitted?

Cannabis retailers shall be located wholly or partially within one or more of the following zoning districts
Neighborhood Commercial (NC), Palisade Avenue Mixed Use Multi-Family Attached Housing District (R-2D),
Commercial/Automotive (C/A), Highway Commercial (HC), Waterfront Planned Development (WPD), Central
Business District (CBD), and Office/Residential (O/R). A copy of the official Zoning Map can be downloaded here
or you can access the interactive zoning map here. Staff has also prepared a Cannabis Retailer Reference Map to
see where Class 5 licenses are permitted. Microbusiness are subject to separation distances. Information
regarding which licenses are subject to these distances can be found in the links below:

    -   (§ 345-60.5.- 4.C.2.a) Class 5 Microbusiness
    -   (§ 345-60.5.- 4.D.2.a) Class 5, which do not classify as a Microbusiness

5. Where are cannabis establishments and distributers, aka Class 1 to 4 licenses, permitted?

Cannabis Establishments and Distributors subject to a Class 1, 2, 3 or 4 licenses shall be permitted conditional
uses, in all industrial zones, light industrial zones or industrial overlays as well as the Highway Commercial Zone
(HC) along Tonnele Avenue. Additionally, microbusinesses subject to a Class 1, 2, 3 or 4 licenses are permitted in
Commercial/Automotive (C/A) zone. A copy of the official Zoning Map can be downloaded here or you can
access the interactive zoning map here. To access Redevelopment Plans visit the Jersey City Open Data Portal
and search for the plan by name.

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6. How to file an application to the Division of City Planning?

If you are seeking a Class 1 to 5 license, you second step is to submit an application to City Planning. A copy of
their General Development Application can be found here, as well as application instructions, and more
information and forms (scroll to bottom of page) are available at their webpage.

There is not a special application form just for cannabis applications.

7. How to file an application to the Cannabis Control Board?

Your first step is to submit an application to the Division of Commerce which administers the Cannabis Control
board. The Cannabis Control Board is now accepting applications. A copy of the CCB application can be
downloaded here.

8. What items are required for submission to the Division of City Planning?

A list of the items required for a submission to the Division of City Planning may depend on the scope of your
application. Some applications may be limited to signage and internal fit-out while other applications may be
new construction. A copy of City Planning’s General Development Application can be found here and please
review our completeness checklist here. Some items on the completeness checklist may not be applicable;
however, there are several specific items needed regarding Cannabis retailer and distributor applications.
Submittal requirements are grouped into 4 sections. You can access submittal requirements for each class by
clicking the corresponding likes below:

    -   (§ 345-60.5.- 4.A.7) Class 1-4 licenses.
    -   (§ 345-60.5.- 4.B.8) Class 1-4 licenses & Certified as a microbusiness.
    -   (§ 345-60.5. - 4.C.5) Microbusiness subject to Class 5.
    -   (§ 345-60.5. - 4.D.5) Class 5 license, which do not classify as a microbusiness

9. What items are required for submission to the Cannabis Control Board?

The Cannabis Control Board application includes a checklist of the required items to be submitted.

10. How long will local approval take?

Local approval for most cannabis businesses will require two applications – an application to a Jersey City land
use board and the Cannabis Control Board. The Planning Board holds two meetings per month. The Cannabis
Control Board have monthly meetings. The ability for staff to review you application in a timely manner depends
on your ability to submit a complete application.

11. Where are Cannabis Consumption Areas permitted?

Class 5 retailer licenses are a prerequisite and associated with proposed Cannabis Consumption Areas. More
information about the types of class 5 retailers can be found below:

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    -   (§ 345-60.5. - 4.C.5) Microbusiness subject to Class 5.
    -   (§ 345-60.5. - 4.D.5) Class 5 license, which do not classify as a microbusiness

Information specifically regarding Cannabis Consumption Areas and their requirements can be found at:

    -   (§ 345-60.5. - 4.E.1) Standards and Endorsement Requirement for Cannabis Consumption Areas.

12. How to file an application for a Cannabis Consumption Area?

Please refer back to answers to 6 & 7.

13. Where can I find information about State regulations?

State regulations can be found at: https://www.nj.gov/cannabis/

14. How many licenses are permitted in Jersey City?

There is no cap to the maximum number of licenses permitted in Jersey City. Instead, Jersey City is regulating
the location and proximity of Cannabis Establishments and Distributors through zoning. Class 1 to 4 licenses are
limited to certain zones. Class 5 licenses are limited to certain zones and in addition are typically 600 feet from
one another. Other distance restrictions apply. For example, the main entry of a cannabis retailer cannot be
located within 200 feet (§ 345-60.5. – 4.C.2.a) of a school as recorded on this map. To see where retailers may
be permitted download the Cannabis Retailer Reference Map.

15. What benefit is there to being a microbusiness?

The benefit to being a microbusiness in Jersey City is that our local zoning is more permissible toward
microbusinesses. Standards regarding microbusinesses was done to promote equity and local entrepreneurship
in the Cannabis industry. For a Class 5 Cannabis Retailer license holder that is also a microbusiness, the
separation distances are loosened. In certain areas of the city, two microbusinesses are permitted per block.
Other restrictions apply.

A microbusiness is defined in the State law and must be certified by the State commission. A microbusiness is an
entity where 100% of ownership must be held by a current resident of New Jersey for two consecutive years, as
well as 51% of the owners, directors, officers, or employees shall be residents of the municipality the business
operates in. In addition, a Microbusiness cannot employ more than 10 employees and have a premise no larger
than 2,500 square feet. Check state law for exact definition and criteria.

16. What is the local process for a Class 6 license – Cannabis Delivery?

An entity seeking a Class 6 license does not have to make an application to the Division of City Planning but it
must make an application to the Cannabis Control Board. An entity seeking a Class 6 license should also get a
favorable Zoning Determination letter from the Division of Zoning. The Division of Zoning will determine how to
categorize the Cannabis Delivery operation at the proposed location. For example, some entities could be just an
office for a mobile platform company that does not own a fleet. While another delivery service may have a fleet

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of vehicles may have to store vehicles. The former is akin to an office use and the second is more like an
industrial use. So, these two different examples could be viewed as two different uses even though they are
both Cannabis Delivery operations. In other, Class 6 license holders will be categorized as necessary into existing
land use classifications.

17. How to request locations of cannabis retailers?

Please reach out to the Division of City Planning staff listed under question 19. Staff will provide a list upon
request. The list will be updated upon confirmation from the State that a Cannabis Retailer Class 5 license was
approved.

18. What are the fees associated with the local applications?

The fees associated with local applications are as follows:

       Conditional Use Application to City Planning is $2,500
       An escrow deposit of $2,500 is required to the Division of Commerce
       Licensure fees for Cannabis Control Board are listed in section § 160-1 below. A certified microbusiness
        shall receive a reduction of half the license fees

19. Who to contact for more information?

Regarding applications and questions for the Division of City Planning you may contact Francisco Espinoza,
Senior Planner or Matt Ward, Supervising Planner at 201-547-5010. You may also email them at
fespinoza@jcnj.org or mward@jcnj.org.

Regarding application and questions for the Cannabis Control Board, you may contact the Director of the
Division of Commerce, Maynard Woodson or Marquiea Starks at 201-547-5139. You may also email them at
MWoodson@jcnj.org, mstarks@jcnj.org, or CannabisControlBoard@jcnj.org

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                                                            CANNABIS FAQ, INSTRUCTIONS, AND STANDARDS

JERSEY CITY – STANDARDS, TAXES AND FEES
The standards and fees below are excerpts of the municipal code related to Cannabis. These changes
will soon be reflected in our municipal ordinance hosted online here. Please see this ordinance 21-053
regarding these standards or read below. The version contained herein is for ease of reference.
Citations may change in version codified by City Clerk.

Table of contents:
   -   Chapter 84 – Alcoholic Beverages And Cannabis (Article Iv)
          - § 84-44. - Definitions.
          - § 84-45. – Permitted Classes.
          - § 84-46. – Class 5 Cannabis Retail license permitted hours of operation.
          - § 84-47. – Public Consumption of Cannabis.
          - § 84-48. – Odor.
          - § 84-49. – Product display and storage; signage for Class 5 retail
          - § 84-50. – Security.
          - § 84-51. – Cannabis Control Board.
          - § 84-52. – Municipal support of cannabis establishments and distributors (Classes 1-5).
          - § 84-53. – Cannabis consumption area.
          - § 84-54. – Violations; penalties.
   -   Chapter 160 – Fees and Charges
          - I. Chapter 84, Alcoholic Beverages and Cannabis
   -   Chapter 304 – Taxation (Article IX –Recreational Cannabis Transfer And User Tax)
          - § 304-47. – Title.
          - § 304-48. – Definitions.
          - § 304-49. – Tax imposed; transfer tax and user tax.
          - § 304-50. – Collection and payment of transfer tax and user tax.
          - § 304-51. – Penalties for nonpayment.
          - § 304-52. – Use of Revenues.
   -   Chapter 345 – Zoning
          - § 345-33. – Fees.
          - § 345-60.5. – Cannabis Establishment Regulations.
                  - 1 – Purpose.
                  - 2 – Definitions.
                  - 3 – General Provisions.
                  - 4.A - Cannabis Establishments and Distributors subject to a Class 1, 2, 3 or 4 licenses
                  - 4.B - Cannabis Establishments and Distributors subject to a Class 1, 2, 3, 4 licenses and
                      certified as a microbusiness
                  - 4.C - Microbusiness subject to a Class 5 (Cannabis Retailer) license
                  - 4.D - Cannabis Establishments subject to a Class 5 (Cannabis Retailer) license
                  - 4.E - Standards and Endorsement Requirements for Cannabis Consumption Areas

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Chapter 84 (Alcoholic Beverages) is hereby amended in part as follows:
CHAPTER 84 – ALCOHOLIC BEVERAGES AND CANNABIS
ARTICLE IV –CANNABIS

§ 84-44. - Definitions.
As used in this Article, the following terms shall have the meanings indicated:
“BOARD” means the Jersey City Cannabis Control Board.
“CANNABIS” means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof,
and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant, which are cultivated and, when applicable,
manufactured in accordance with P.L.2021, c.16 (C.24:6I-31 et al.) for use in cannabis products as set forth
in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare
topical or oral administrations, food, drink, or other product. “Cannabis” does not include: medical
cannabis dispensed to registered qualifying patients pursuant to the “Jake Honig Compassionate Use
Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.);
marijuana as defined in N.J.S.2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of
Title 2C of the New Jersey Statutes, or P.L.2001, c.114 (C.2C:35B-1 et seq.), or marijuana as defined in
section 2 of P.L.1970, c.226 (C.24:21-2) and applied to any offense set forth in the “New Jersey Controlled
Dangerous Substances Act,” P.L.1970, c.226 (C.24:21-1 et al.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the “New Jersey Hemp Farming Act,” P.L.2019,
c.238 (C.4:28-6 et al.).
“CANNABIS CONSUMPTION AREA” means, as further described in section 28 of P.L.2019, c.153 (C.24:6I-
21), a designated location operated by a licensed cannabis retailer or permit holder for dispensing
medical cannabis, for which both a State and local endorsement has been obtained, that is either: (1) an
indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area
in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior
structure on the same premises as the cannabis retailer or permit holder, either separate from or
connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either
obtained from the retailer or permit holder, or brought by a person to the consumption area, may be
consumed.
“CANNABIS CULTIVATOR” means any licensed person or entity that grows, cultivates, or produces
cannabis in this State, and sells, and may transport, this cannabis to other cannabis cultivators, or usable
cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
This person or entity shall hold a Class 1 Cannabis Cultivator license.
“CANNABIS DELIVERY SERVICE” means any licensed person or entity that provides courier services for
consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to

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make deliveries of the cannabis items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service,
which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that
consumer. This person or entity shall hold a Class 6 Cannabis Delivery license.
“CANNABIS DISTRIBUTOR” means any licensed person or entity that transports cannabis in bulk
intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports
cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis
items as necessary to carry out transportation activities. This person or entity shall hold a Class 4
Cannabis Distributor license.
“CANNABIS ESTABLISHMENT” means a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
“CANNABIS ITEM” means any usable cannabis, cannabis product, cannabis extract, and any other
cannabis resin. “Cannabis item” does not include: any form of medical cannabis dispensed to registered
qualifying patients pursuant to the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009,
c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the “New Jersey Hemp Farming Act,” P.L.2019,
c.238 (C.4:28-6 et al.).
“CANNABIS MANUFACTURER” means any licensed person or entity that processes cannabis items in this
State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging
cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class
2 Cannabis Manufacturer license.
“CANNABIS WHOLESALER” means any licensed person or entity that purchases or otherwise obtains,
stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other
transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This
person or entity shall hold a Class 3 Cannabis Wholesaler license.
“COMMISSION” means the Cannabis Regulatory Commission established pursuant to section 31 of
P.L.2019, c.153 (C.24:6I-24).
“CONSUMPTION” means the act of ingesting, inhaling, or otherwise introducing cannabis items into
the human body.
“DELIVERY” means the transportation of cannabis items and related supplies to a consumer. “Delivery”
also includes the use by a licensed cannabis retailer of any third party technology platform to receive,
process, and fulfill orders by consumers, which third party shall not be required to be a licensed
cannabis establishment, distributor, or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing
work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler

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employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries
of consumer purchases fulfilled by that cannabis retailer. “INDOOR PUBLIC PLACE” means a structurally
enclosed place of business, commerce or other service-related activity, whether publicly or privately
owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public,
including, but not limited to: a commercial or other office building; office or building owned, leased or
rented by the State or by a county or municipal government; public and nonpublic elementary or
secondary school building; board of education building; theater or concert hall; public library; museum
or art gallery; bar; restaurant or other establishment where the principal business is the sale of food
for consumption on the premises, including the bar area of the establishment; garage or parking
facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms
and platform areas in any stations or terminals thereof; health care facility licensed pursuant to
P.L.1971, c.136 (C.26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed
pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L.1983, c.492
(C.30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory
recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment;
apartment building lobby or other public area in an otherwise private building; or a passenger elevator
in a building other than a single-family dwelling.
“MEDICAL CANNABIS” means cannabis dispensed to registered qualifying patients pursuant to the “Jake
Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-1 et al.) and P.L.2015, c.158
(C.18A:40-12.22 et al.). “Medical cannabis” does not include any cannabis or cannabis item which is
cultivated, produced, processed, and consumed in accordance with P.L.2021, c.16 (C.24:6I-31 et al.).
“PUBLIC PLACE” means any place to which the public has access that is not privately owned; or any place
to which the public has access where alcohol consumption is not allowed, including, but not limited to,
a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming pool,
shopping area, public transportation facility, vehicle used for public transportation, parking lot, public
library, or any other public building, structure, or area.

§ 84-45. – Permitted Classes.
A. The following cannabis licenses shall be permitted to operation within Jersey City, subject to all
    applicable state and local regulations:
   a.   Class 1 Cannabis Cultivator license, as set forth in N.J.S.A. 24:6I-37
   b.   Class 2 Cannabis Manufacturer license, as set forth in N.J.S.A. 24:6I-39
   c.   Class 3 Cannabis Wholesaler license, as set forth in N.J.S.A. 24:6I-40
   d.   Class 4 Cannabis Distributor license, as set forth in N.J.S.A. 24:6I-41
   e.   Class 5 Cannabis Retailer license, as set forth in N.J.S.A. 24:6I-42
   f.   Class 6 Cannabis Delivery license, as set forth in N.J.S.A. 24:6I-44

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§ 84-46. – Class 5 Cannabis Retail license permitted hours of operation.
The holder of a Class 5 Cannabis Retail license shall be permitted to sell cannabis items and related
supplies daily between the hours of 7:00 am – 11:00 pm.

§ 84-47. – Public Consumption of Cannabis.
   A. Smoking, vaping or aerosolizing any cannabis item in a public place is prohibited, including but
      not limited to, any public street, sidewalk, pedestrian plaza, parks, any public place pursuant to
      law that prohibits the smoking of tobacco, including N.J.S.2C:33-13 and the “New Jersey Smoke-
      Free Air Act,” P.L.2005, c.383 (C.26:3D-55 et seq.) and any indoor public place, or portion
      thereof, with the exception of cannabis consumption areas.
   B. Consumption, smoking, vaping or aerosolizing any cannabis items in a public place, including
      any public street any public street, sidewalk, pedestrian plaza, parks or any indoor public place,
      or portion thereof, is prohibited, with the exception of cannabis consumption areas.
   C. It shall be unlawful for any person under the legal age who, without legal authority, knowingly
      possesses or knowingly consumes a cannabis item, including by smoking, vaping or aerosolizing,
      on private property.

§ 84-48. – Odor.
A cannabis establishment and cannabis distributor shall have the equipment to mitigate cannabis-
related odor. The building shall be equipped with a ventilation system with carbon filters sufficient in
type and capacity to eliminate cannabis odors emanating from the interior of the premises. The carbon
filters are required to be replaced regularly for the best effectiveness to mitigate odor. The ventilation
system must be approved by the City of Jersey City Department of Health and Human Services.

§ 84-49. – Product display and storage; signage for Class 5 retail
   A. No cannabis items shall be visible from a public sidewalk, street, or right-of-way, or any other
      public view. All cannabis items shall be stored indoors and on-site.
   B. No cannabis establishment shall be housed in a vehicle or any movable or mobile structure.
      This prohibition shall not include vehicles used for delivery services.
   C. Class 5 cannabis retailers must post visible signage within the retail establishment about age
      requirements and the prohibition of using cannabis on City streets, sidewalks, and parks. Class 5
      retailers that are not consumption areas must also post signage that using cannabis within
      retail facility is prohibited.

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§ 84-50. – Security.
All cannabis establishments and cannabis distributors shall be secured and have full-time security
protocols in place. Security protocols shall be submitted to the Jersey City Police Department for
compliance review with all safety and security standards established by the State of New Jersey for
cannabis establishments and distributors. The Jersey City Police Department may, at its discretion and
upon review of the proposed location, recommend or require additional safety and security measures.
At minimum, the following shall apply:
            A. A video recording system shall be employed covering all areas of the cannabis
               establishment and cannabis distributor and adjacent exterior of building with a 24/7
               recording system that records for a minimum of thirty-day archive.
            B. The premises and right-of-way adjacent to the cannabis establishment and cannabis
               distributor shall be monitored by staff of the establishment or distributor and kept free
               of loitering, litter and other debris and the sidewalks shall be swept and cleaned on a
               regular basis.

§ 84-51. – Cannabis Control Board.
   A. Creation of board; membership.
          a. The Jersey City Cannabis Control Board is hereby established, and shall consist of five (5)
              persons, three of whom shall be appointed by the Mayor with the advice and consent of
              Council, one of whom shall be directly appointed by the Mayor, and one of whom shall
              be directly appointed by the Council President, for a term of three years. One of the four
              initial appointments made by the Mayor shall be for one year, two shall be for two
              years, and the fourth for three years. All appointments by the Council President shall be
              for a term of three years.
          b. In the case of any vacancy occurring before the expiration of any term, the appointment
              to fill such vacancy shall be only for the unexpired term.
          c. The members of the Cannabis Control Board may be removed by the governing body for
              cause.
   B. Responsibilities. The Cannabis Control Board shall be responsible for reviewing and approving,
      when appropriate, applications for the operation of cannabis establishes and cannabis
      distributors and applications for the operation of cannabis consumption areas. Members of the
      CCB shall not have contact with applicants outside of a CCB meeting, unless the member is a City
      employee and such contact with an applicant is required for his/her duties. The CCB shall provide a
      written report to the City Council on a quarterly basis, or at any rate no fewer than four (4) times
      per year, on the status of their work, including but not limited to:
          a. The number of applicants and the location(s) of any approved facilities;
          b. The number of employees / qualifying microbusiness identifiers;

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          c. The percentage of ownership for each beneficial owner, and if applicable intermediary
              owners, as well as LLC members, partners, pulic or non-public shareholders displayed in an
              ownership structure chart;
          d. Proof of New Jersey residency;
          e. The owner(s)’ gender; and
          f. The owner(s)’ race, nationality, or ethnic group.
   C. Meetings. The Cannabis Control Board shall establish a regular schedule of meetings, at least
      once a month or as often as required to meet the needs of its business, to handle emergencies,
      or to meet time constraints imposed by law. Upon completion of an application, the application
      shall be heard by the CCB at the next available meeting.
   D. Following the approval by the State of a license for Class 1 through 5 licenses as defined herein, an
      applicant approved by the State shall apply to the City of Jersey City Cannabis Control Board for
      final approval. The Cannabis Control Board shall review the approved licensee’s application and
      provide the applicant with a final written approval or rejection of the application within sixty (60)
      days. No cannabis facility shall commence public operations in the City after State approval prior to
      final approval by the CCB, payment of all necessary application fees established in this or any other
      Section, and issuance of all necessary state and local permits and licenses. Factors to be considered
      by the CCB in issuing its final determination shall include, but not be limited to:
          a. Community impact, outreach, input;
          b. Number of cannabis establishments within close proximity (less than 1,000 feet) to
              applicant;
          c. Hiring practices employed by applicant;
          d. Residency of all applicants/owners;
          e. Applicant’s commitment to Diversity and Inclusion best practices;
          f. Safety and security plans; and
          g. Any other documents or information the City deems necessary.

§ 84-52. – Municipal support of cannabis establishments and distributors (Classes 1-5).
   A. All applications received by the Commission for the operation of a cannabis establishment and
      cannabis distributors in Jersey City shall be sent to the Division of Commerce, within the time
      period set forth by the State, for municipal review. The Division of Commerce shall submit all
      completed applications to the Cannabis Control Board for the Board’s review and approval. This
      shall be in addition to the application to the City Division of Planning for necessary approval
      under Chapter 345.
   B. The Cannabis Control Board shall review all applications to ensure compliance with local rules
      and regulations governing the operation of cannabis establishments and cannabis distributor
      and, when the Board deems appropriate, to provide local support of the application in the form
      of a board resolution.
   C. The annual fee for this review shall be as provided in Chapter 160, Fees and Charges.

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  D. An applicant is requested to submit the following documents or information for the Board’s
     evaluation:
     1. Names and residences of all persons financially interested in the business, and the nature
         and extent of this interest; and, if a corporation, the names, residences and citizenship of
         the officers, directors and stockholders, and shall disclose whether the applicant has been
         convicted of any criminal or quasi-criminal offense, and if so, the date and place of such
         conviction and the nature of the offense;
     2. Proof the cannabis establishment or cannabis distributor will be operated pursuant to all
         local and state regulations;
     3. Any necessary approvals by the Jersey City Planning Board, or other related boards;
     4. Odor mitigating practices;
     5. Safety and security plans and procedures;
     6. A description of the proposed location, including the surrounding area and the suitability or
         advantages of the proposed location, along with a floor plan and optional renderings or
         architectural or engineering plans;
     7. Plans to operate a cannabis consumption area, if applicable;
     8. A community impact, social responsibility, and research statement, which shall include, but
         shall not be limited to the following:
              a. A community impact plan summarizing how the applicant intends to have a positive
                  impact on the Jersey City, which shall include an economic impact plan, and a
                  description of outreach activities;
              b. A written description of the applicant’s record of social responsibility, philanthropy,
                  and ties to Jersey City;
              c. A written description of any research the applicant has conducted on the adverse
                  effects of the use of cannabis items, substance abuse or addiction, and the
                  applicant’s participation in or support of cannabis-related research and educational
                  activities; and
              d. A written plan describing any research and development regarding the adverse
                  effects of cannabis, and any cannabis-related educational and outreach activities,
                  which the applicant intends to conduct if issued a permit by the Commission,
                  including the applicant’s plan to implement or contribute to educational or training
                  programs for individuals formally sentenced for marijuana-related charges to teach
                  those individuals the legal marijuana industry within Jersey City.
     9. A workforce development and job creation plan, which may include information on the
         applicant’s history of job creation and planned job creation at the proposed cannabis
         establishment or cannabis distributor; education, training and resources to be made
         available for employees; any relevant certifications, and an optional diversity plan;.
     10. An attestation signed by a bona fide labor organization stating that the applicant has
         entered into a labor peace agreement. This requirement shall not apply to applicants for a
         conditional permit or for an entity that is a certified microbusiness.
     11. A business and financial plan; and
     12. A list of child care providers and substance abuse treatment facilities that are within two
         hundred (200) feet of a proposed Class 5 cannabis retail location. Distance shall be
         measured from the main entry door of the proposed Class 5 cannabis retail facility to the

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           parcel boundary on which the child care provider or substance abuse treatment facility is
           located. The applicant shall request list of child care providers and substance abuse
           treatment facilities that are within two hundred (200) feet of the proposed Class 5 cannabis
           retail location from the Jersey City Department of Health and Human Services (HHS). The
           request shall be sent via certified and regular mail to HHS. HHS shall provide the list within
           thirty (30) days. If HHS fails to provide the information within thirty (30) days, the CCB may
           hear the application as long as proof of mailing to HHS is provided;
       13. Any other documents or information the City deems necessary; and
       14. The CCB may require a Class 5 retail applicant to address concerns about the proximity of a
           proposed location to a substance abuse treatment facility or day care provider and the
           Board may consider the applicant’s response to those concerns in its decision.
           a. Jersey City encourages and promotes the participation of minority, women, and
               disabled veteran owned- businesses in the personal use cannabis industry in Jersey City.
           b. The Cannabis Control Board shall promptly notify the State if the application complies
               with all local rules and regulations. The Cannabis Control Board shall also submit proof
               of local support in the form of a resolution, or, if the Cannabis Control Board does not
               support the application, the Board shall notify the State and provide its reasoning as to
               why the Board does not support the application.

§ 84-53. – Cannabis consumption area.
   A. General. Jersey City may authorize the operation of locally endorsed cannabis consumption
      areas that area:
         a. Operated by medical cannabis dispensaries, including any alternative treatment centers
             deemed to hold a medical cannabis dispensary permit pursuant to section 7 of P.L.2009,
             c.307 (C.24:6I-7), and clinical registrants within its jurisdiction, at which areas the on-
             premises consumption of medical cannabis may occur; or
         b. Operated by cannabis retailers within its jurisdiction, at which areas the on-premises
             consumption of personal use cannabis may occur; or
         c. Operated by medical cannabis dispensaries, including any alternative treatment centers
             deemed to hold a medical cannabis dispensary permit pursuant to section 7 of P.L.2009,
             c.307 (C.24:6I-7), within its jurisdiction that are also deemed to have, pursuant to that
             section, one or more Class 5 Cannabis Retailer licenses and for which the commission
             has correspondingly issued one or more licenses following receipt of the Jersey City’s
             and Commission’s approval to operate as a cannabis retailer pursuant to subparagraph
             (a) of paragraph(3) of subsection a. of section 33 of P.L.2021, c.16 (C.24:6I-46), or
             medical cannabis dispensaries and alternative treatment centers otherwise issued a
             license by the commission pursuant to P.L.2021, c.16 (C.24:6I-31 et al.), to
             simultaneously operate as a cannabis retailer, at which areas the on-premises
             consumption of both medical cannabis and personal use cannabis items may occur.
   B. Local Endorsement

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        a. No cannabis consumption area may be operated within Jersey City without
            endorsement from the State of New Jersey and Jersey City, in the form of a resolution
            approved by the Jersey City Cannabis Control Board, and a Cannabis Consumption Area
            License.
        b. Local endorsements shall be valid for one (1) year and must be renewed annually.
        c. The Cannabis Control Board shall notify the State of its endorsement and approval of
            the Cannabis Consumption Area License, in the form of a board resolution.
  C. Cannabis Consumption Area License
        a. Cannabis Consumption Area Licenses must be granted by the Cannabis Control Board
            and shall be valid for one (1) year.
        b. The annual fee for this license shall be as provided in Chapter 160, Fees and Charges.
        c. The Cannabis Control Board may approve a Cannabis Consumption Area Licenses, but
            the Cannabis Consumption License will not be issued or become effective until the
            applicant can show proof of State endorsement and zoning approval.
        d. Applications shall be filed with the Division of Commerce on forms approved by the
            Director of the Division of Commerce. The application shall contain the following:
                  1. Names and residences of all persons financially interested in the business, and
                      the nature and extent of this interest; and, if a corporation, the names,
                      residences and citizenship of the officers, directors and stockholders, and shall
                      disclose whether the applicant has been convicted of any criminal or quasi-
                      criminal offense, and if so, the date and place of such conviction and the
                      nature of the offense;
                  2. Odor mitigating practices;
                  3. A description of the proposed location, including the surrounding area and the
                      suitability or advantages of the proposed location, along with a floor plan and
                      optional renderings or architectural or engineering plans;
                  4. All relevant land use approvals, including approved site plans;
                  5. A copy of the Class 5 Cannabis Retailer license associated with the proposed
                      consumption area;
                  6. Safety and security plans and procedures; and
                  7. Any other documents and information the Division of Commerce deems
                      necessary.
        e. The proposed premise may be inspected by the Department of Housing, Economic
            Development, and Commerce, Department of Public Safety, and the Department of
            Health and Human Services for compliance with relevant laws and regulations.
  D. Denial or Revocation of Endorsement or Cannabis Consumption Area License
        a. The Cannabis Control Board may deny or revoke the endorsement and/or the Cannabis
            Consumption Area License at any time for good cause. Good cause shall mean:
                  1. The endorsed license holder or applicant has violated, does not meet, or has
                      failed to comply with, any of the terms, conditions or provisions of this Chapter

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                       or related rules and regulations, any supplemental local laws, rules or
                       regulations;
                   2. The endorsed license holder or applicant has failed to comply with any special
                       terms or conditions that were placed on its endorsement by the State or Jersey
                       City or the City of Jersey City; and
                   3. The premises have been operated in a manner that adversely affects the public
                       health or the safety of the immediate neighborhood in which the consumption
                       area is located.
         b. A cannabis consumption area is prohibited from operating if either its endorsement or
             Cannabis Consumption Area License is revoked.
   E. Location; time of operation; odor; and signage
         1. Indoor cannabis consumption areas shall be permitted to operate daily between the
             hours of 10:00 am – 2:00 am, the following day.
         2. Outdoor cannabis consumption areas shall be permitted to operate daily between the
             hours of 10:00 am – 10:00 pm.
         3. Cannabis consumption areas must comply with the odor and security requirements set
             forth in § 84-49 and § 84-51.
         4. All cannabis consumption areas must be designed by conspicuous signage, which shall
             indicate whether the consumption area may be used for the on-premises consumption
             of medical cannabis, personal use cannabis items, or both.

§ 84-54. – Violations; penalties.
Any person or corporation convicted of violating any of the provisions of this Chapter shall be subject to
the penalties set forth in § 1-25.

Chapter 160 (Fees and Charges) is hereby amended in part as follows:
CHAPTER 160 – FEES AND CHARGES

§ 160-1. - Fee schedule established.
A. – B. NO CHANGE
  I.   Chapter 84, Alcoholic Beverages and Cannabis
          (1) – (6) NO CHANGE
            (7) The application fee for municipal support of cannabis establishments and distributors, as
            outlined in § 84-52 shall be two thousand five hundred dollars ($2,500.00).

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            (8) The annual fee for successful applicants operating cannabis establishments or distributors in
            Jersey City shall be as follows:
                 - Class 1 Cannabis Cultivator license: five thousand dollars ($5,000.00)
                 - Class 2 Cannabis Manufacturer license: five thousand dollars ($5,000.00)
                 - Class 3 Cannabis Wholesaler license: five thousand dollars ($5,000.00)
                 - Class 4 Cannabis Distributor license: five thousand dollars ($5,000.00)
                 - Class 5 Cannabis Retailer license: fifteen thousand dollars ($15,000.00)
                 - Class 6 Cannabis Delivery license: two thousand five hundred dollars ($2,500.00)
                 - The annual fee for microbusinesses shall be half of the class annual fee.

            (9) Annual license fee for cannabis consumption area license shall be twenty-five thousand dollars
            ($25,000.00). The annual fee for microbusinesses shall be half of the cannabis consumption license
            ($12,500.00).

            (10) All applications for a Cannabis Consumption Area License and endorsement shall be
            accompanied by an escrow fee of five thousand dollars ($5,000) to be used by the Cannabis Control
            Board to pay professionals for services rendered during the application process such as review and
            preparation of documents, transcripts, and inspections. If review costs exceed the escrow
            deposited, the applicant shall pay the additional amount within fifteen (15) days of the request for
            additional funds. Where the review costs are less than the amount of the escrow deposit, the
            difference shall be returned to the applicant within one hundred twenty (120) days of final
            disposition of the application.

CHAPTER 304 (Taxation) is hereby amended in part as follows:
CHAPTER 304 – TAXATION

ARTICLE IX –RECREATIONAL CANNABIS TRANSFER AND USER TAX
§ 304-47. – Title.
This article shall be known and may be cited as the “Recreational Cannabis Transfer and User Tax.”

§ 304-48. – Definitions.
To effectuate the purposes of this article, these terms shall have the following meanings:
CANNABIS means all parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof,
and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds,
except those containing resin extracted from the plant, which are cultivated and, when applicable,
manufactured in accordance with the New Jersey Cannabis Regulatory, Enforcement Assistance, and
Marketplace Modernization Act for use in cannabis products as set forth in the Act, but shall not include

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the weight of any other ingredient combined with cannabis to prepare topical or oral administrations,
food, drink or other product. "Cannabis" does not include: medical cannabis dispensed to registered
qualifying patients pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act," P.L.2009,
c.307 (C.24:6I-1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.); marijuana as defined in N.J.S.2C:35- 2
and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L.2001, c.114 (C.2C:35B-1 et seq.), or marijuana as defined in section 2 of P.L.1970, c.226 (C.24:21-
2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act,"
P.L.1970, c.226 (C.24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed,
transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L.2019, c.238 (C.4:28-6 et al.).
CANNABIS CULTIVATOR means any licensed person or entity that grows, cultivates, or produces cannabis
in this State, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis
to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers. This
person or entity shall hold a Class 1 Cannabis Cultivator license.
CANNABIS ESTABLISHMENT means a cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
CANNABIS ITEM means any usable cannabis, cannabis product, cannabis extract, and any other cannabis
resin. “Cannabis item” does not include: any form of medical cannabis dispensed to registered qualifying
patients pursuant to the “Jake Honig Compassionate Use Medical Cannabis Act,” P.L.2009, c.307 (C.24:6I-
1 et al.) and P.L.2015, c.158 (C.18A:40-12.22 et al.); or hemp or a hemp product cultivated, handled,
processed, transported, or sold pursuant to the “New Jersey Hemp Farming Act,” P.L.2019, c.238 (C.4:28-
6 et al)
CANNABIS MANUFACTURER means any licensed person or entity that processes cannabis items in this
State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging
cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class
2 Cannabis Manufacturer license.
CANNABIS RETAILER means any licensed person or entity that purchases or otherwise obtains usable
cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis
wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or
a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to
consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store
that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service
to that consumer. This person or entity shall hold a Class 5 Cannabis Retailer license.
CANNABIS WHOLESALER means any licensed person or entity that purchases or otherwise obtains,
stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other
transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers. This
person or entity shall hold a Class 3 Cannabis Wholesaler license.

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CONSUMER means a person 21 years of age or older who purchases, directly or through a cannabis
delivery service, acquires, owns, holds, or uses cannabis items for personal use by a person 21 years of
age or older, but not for resale to others.
PREMISES means the following areas of a location licensed under the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act: all public and private enclosed areas at
the location that are used in the business operated at the location, including offices, kitchens, rest rooms,
and storerooms; all areas outside a building that the Cannabis Regulatory Commission has specifically
licensed for the production, wholesaling, distributing, retail sale, or delivery of cannabis items; and, for
a location that the commission has specifically licensed for the production of cannabis outside a building,
the entire lot or parcel that the licensee owns, leases, or has a right to occupy.

§ 304-49. – Tax imposed; transfer tax and user tax.
       (2)      2% of the receipts from each sale by a cannabis manufacturer
       (3)      1% of the receipts from each sale by a cannabis wholesaler
       (4)      2% of the receipts from each sale by a cannabis retailer
There shall also be imposed a user tax, at the equivalent transfer tax rates, on any concurrent license
holder operating more than one cannabis establishment, as permitted by Section 33 of P.L.2021, c.16
(C.24:6I-46). The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis
items not otherwise subject to the transfer tax imposed pursuant to paragraphs A and B of this Section,
from the license holder’s establishment that is located in Jersey City to any of the other license holder’s
establishments, whether located in Jersey City or another municipality.
All taxes imposed by this section shall be in addition to any other tax imposed by law. Any transaction
for which the transfer tax or user tax is imposed, or could be imposed, pursuant to this section, other
than those which generate receipts from the retail sales by cannabis retailers, shall be exempt from the
tax imposed under the “Sales and Use Tax Act”, P.L. 1966, c. 30 (C.54:32B-1 et seq.).

§ 304-50. – Collection and payment of transfer tax and user tax.
   A. The transfer tax or user tax shall be collected or paid, and remitted to Jersey City by the
      cannabis establishment from the cannabis establishment purchasing or receiving the cannabis
      or cannabis items, or from the consumer at the point of sale, on behalf of Jersey City by the
      cannabis retailer selling the cannabis item to that consumer.
   B. The transfer tax or user tax shall be stated, charged, and shown separately on any sales slip,
      invoice, receipt or other statement or memorandum of the price paid or payable, or equivalent
      value of the transfer, for the cannabis or cannabis item.

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   C. Every cannabis establishment required to collect a transfer or user tax imposed by this section
      shall be personally liable for the transfer tax or user tax imposed, collected or required to be
      collected under this section.
   D. Any cannabis establishment shall have the same right with respect to collecting the transfer tax
      or user tax from another cannabis establishment or the cannabis consumer as if the transfer tax
      or user tax was a part of the sale and payable at the same time, or with respect to non-payment
      of the transfer or user tax by the cannabis establishment or consumer, as if the transfer tax or
      user tax was part of the purchase price of the cannabis or cannabis item, or equivalent value of
      the transfer of the cannabis or cannabis item, and payable at the same time; provided however,
      that the Business Administrator shall be joined as a party in any action or proceeding brought
      to collect the transfer tax or user tax.
   E. No cannabis establishment required to collect a transfer tax or user tax imposed by this section
      shall advertised or hold out to any person or to the public in general, in any manner, directly or
      indirectly, that the transfer tax or user tax will not be separately charged and stated to another
      cannabis establishment or the consumer, or that the transfer tax or user tax will be refunded to
      the cannabis establishment or the consumer.
   F. All revenues collected from a transfer tax or user tax imposed by this section shall be remitted
      to the Division of Commerce in a manner prescribed by the Business Administrator. The
      Division of Commerce shall collect and administer any transfer tax or user tax imposed by this
      section.
   G. The City shall enforce the payment of delinquent taxes or transfer fees imposed by this section
      in the same manner as provided for municipal real property taxes.

§ 304-51. – Penalties for nonpayment.
   A. In the event that the transfer tax or user tax imposed by this section is not paid as and when
      due by a cannabis establishment, the unpaid balance, and any interest accruing thereon, shall
      be a lien on the parcel of real property comprising the cannabis establishment’s premises in the
      same manner as all other unpaid municipal taxes, fees or other charges. The lien shall be
      superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee,
      or other person, except the lien of municipal taxes, and shall be on a parity with and deemed
      equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same
      year.
   B. The City shall file in the Office of the Tax Collector, a statement showing the amount and due
      date of the unpaid balance and identifying the lot and block number of the parcel of real
      property that comprises the delinquent cannabis establishment’s premises.
   C. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens
      are enforced.

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§ 304-52. – Use of Revenues.
   A. The revenues collected from the tax imposed under this Article shall be dedicated to the Jersey
      City Public Schools and social equity programs. A Cannabis Fund Committee shall be established
      and will determine the allocation of the funding from the Cannabis Fund based on the needs of
      the community on an annual basis and pursuant to this Article and any regulations set forth by
      the City and State. The Cannabis Fund Committee makeup shall be determined in future
      legislation.
   B. The City's Business Administrator, including his or her designee and/or agent, shall deposit the
      revenues from the Recreational Cannabis Transfer and User Tax into a Cannabis Fund on a
      quarterly basis.

Chapter 345 (Zoning) is hereby amended as follows:
CHAPTER 345 – ZONING

ARTICLE IV –FEES, DEPOSITS AND INSPECTIONS
§ 345-33. – Fees.
   A. Applicable Fees.
       
   B. Schedule of fees.

                                                 Fee Table I
         Application Type
                                                                  Application Fees Non-Refundable
         Planning Board and Board of Adjustment Applications

         Conditional Use – Cannabis Establishments                            $2,500.00

         Conditional Use– All others                                           $200.00

ARTICLE V –ZONING AND DESIGN STANDARDS
§ 345-60.5. – Cannabis Establishment Regulations.
1 – Purpose.

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